Warranty, additional warranty, phone insurance - what's the difference? What is included in the phone warranty? What to do if your smartphone warranty repair is refused?
When selling mobile equipment, sellers must explain to the buyer what a phone warranty repair is, and the legal deadlines for filing a complaint if defects are detected.
Unfortunately, most retail outlets try to keep silent about this.
Repair under warranty
What is warranty repair?
This is represented by the document “On the Protection of Consumer Rights” and implies and guarantees that deficiencies discovered by the consumer will be eliminated free of charge: the seller is responsible for the work performed, the purchase of parts and spare parts.
Please note: The buyer, before purchasing a mobile phone, needs to familiarize himself with this material; it is more difficult to confuse a literate consumer.
What can and cannot be eliminated
The buyer must understand that not all defects found in the device are eligible for free repair.
If this is a manufacturer's defect or flew off standard settings, then you are required to take the phone for free service.
If the breakdown occurred due to the fault of the consumer: the screen broke, water got in, and so on, then there can be no talk of free restoration of the cell phone.
Term
The time frame for repairing a mobile device is specified in Article 20 of the Law “On Protection of Consumer Rights”.
By law, the period of repair work must be minimal.
It should be borne in mind that the maximum number of days during which repairs can last is 45. Retail chains use it to the fullest and indicate this number on the warranty receipt.
A citizen has the right to disagree with such a deadline and simply cross it out, indicating that the device needs to be repaired immediately.
The service center specialists will have to hurry: the buyer has the right to turn to the services of an independent or forensic examination if the completion of the repair is delayed.
Where to contact the consumer
If the phone breaks down and the warranty period has not yet expired, then the product is presented to a specific seller or service center.
An important condition is the presence of a receipt and packaging.
Unfortunately, retail chains often refuse to take responsibility and send the owner of the phone or smartphone to the center.
Although the decision on where to go is, by law, made by the buyer.
What to do:
- On the website you can see if there is one near you service center. If not, go to the seller;
- Does the fund have a similar device to replace yours during repairs?
Please note: If you contact the service center yourself, the store may file a claim against the buyer for not giving such a referral.
Repair or replacement
Most often, the buyer does not want to deal with repairs and demands a refund of the money spent.
But it is not profitable for sellers to return money or replace a mobile phone. So they offer to repair mobile device, and this is a violation of consumer rights.
If such a situation arises, then the consumer will have to write a claim to the retail establishment: either for a refund or for a replacement of the mobile phone.
Where can I get a phone while my old one is being repaired?
Being left without a phone is a serious problem for modern man.
What should a consumer do while their mobile device is being repaired?
Unfortunately, sellers do not always fulfill their duties, and Russians do not know their rights.
Worth considering: If a citizen submits a phone for repair under warranty, he is required to be given a device from the replacement fund for temporary use.
This service free. To use it, you need to contact the store management with an application for provision free service. The application form is free.
You must be given a replacement phone no later than three days from the date of submitting your application. The device must have the same properties as the one being repaired.
Did you know that: if the management does not want to fulfill your legal requirement, then the store will have to pay a penalty: daily one percent of the price of your mobile phone.
Warranty after repair
When a timely repaired phone is returned to you, you need to proceed as follows:
- The external condition of the device and the presence of all components are checked. If scratches or dents appear that were not there before, or something is missing from the kit, you need to inform the receiver. In addition, you will need to write a statement so that the errors are corrected.
- You should pick up the receipt issued when purchasing the mobile phone, as well as the warranty card.
- You need to get a device acceptance certificate from the receiver. It indicates how long it took to repair the product, what defects were identified, as well as the specifics of the repair.
Moreover, repairs are not always carried out efficiently, so you can present the report in court if necessary.
The repair was of poor quality
If after a few days the phone malfunctions again, or the work was overdue, you can make a claim to the receiver and the store only in writing.
What should be included in this document:
- name of the store or SC with address;
- own contacts, including phone number;
- detailed description disagreement with the repairs carried out (list the defects found), indicating the date, cost of the device;
- describe your benefits in accordance with consumer law;
- indicate your requirements;
- As usual, set the date and sign.
Take note: the sample is on the official website of the Society for the Protection of Consumer Rights. You must take a receipt that the organization received your claim.
Such actions indicate that the buyer does not want to get involved with the court and wants to achieve a result “peacefully”. If the seller does not fulfill his obligations, you need to look for a reliable lawyer and resolve the issue through the court. The consumer does not need to pay state duty.
Actions in case of repeated breakdown
Is your phone, which has already been repaired, having problems again? Do you have every right do not take it back to a store or service center for repairs, but claim a refund of the money spent. Or demand that the device be replaced with one of similar properties and price. Although sellers may insist on carrying out another repair.
Consumer rights are clearly stated in Art. 18 of the Law “On Protection of Consumer Rights”. It is advisable to familiarize yourself with them in more detail so as not to be trapped by unscrupulous sellers. But that's not all.
Important to know: the buyer has the right to compensation for financial losses that were caused to the consumer. In addition, according to the Law, you can demand compensation for moral damage.
All these actions are possible only through the courts.
Warranty repair denied
Not so often, but it still happens that service centers or retail establishments refuse to repair the phone under warranty.
They often rely on the fact that the consumer is to blame for using the mobile device incorrectly.
The buyer must request a written refusal to repair, indicating valid reasons. In addition, according to paragraph 5 of Art. 18 of the Law, the buyer must require the seller to send the mobile phone to (in writing).
The examination is carried out at the expense of the store. The buyer, if desired, can be located next to the expert. If the consumer is not satisfied with the results of the examination, it can be challenged in court.
Let's sum it up
The phone is guaranteed for 2 years. During this time, defects may appear that will need to be eliminated.
If the store does not agree to send the product for examination, you must receive a refusal in writing. After this, you can turn to the services of an independent examination.
If it is determined that the seller sold a low-quality product, the phone must be repaired free of charge, and the consumer must be paid the amount spent on an independent examination.
If the seller does not want to compensate for the damage, you need to go to court. The consumer does not need to pay state duty, as mentioned above.
Watch the video in which a leading legal consultant explains what to do if you are denied warranty repairs:
You can find out about the warranty period in clause 6 of Art. 5 of the Law “On Protection of Consumer Rights”. Only after studying all the necessary regulations of the law, the buyer will be able to protect his rights.
The warranty period is a time period during which, if a defect is detected in a product, the manufacturer, distributor, performer or other authorized body (company, entrepreneur) undertakes to fulfill the legal requirements of the buyer regarding the defects found in the product.
Remember that normal functioning The product and the elimination of defects are guaranteed by the manufacturer, and not by the seller, supplier of the product, or other person distributing the product.
Most often, the warranty period is included in the agreement drawn up during the purchase and sale, or indicated in a special warranty card. It is during this period that you can file a claim with the store if any defects in the product are identified.
In some cases, the consumer has to prove that he is right that the defect relates to production, and he is not guilty of its occurrence.
Under what circumstances can one exercise the right to warranty service in construction?
You can understand the meaning of the concept “guarantee” using Art. 754 Civil Code. Based on the provisions of the standard, the contractor is responsible to the customer for quality construction work, which are regulated in special documentation and other important technical norms and rules.
The client can also find out what needs to be done if the conditions specified in the agreement are not met, or other mandatory indicators of the property being delivered have not been achieved.
If a structure is being restored, the contractor is responsible for monitoring such qualities as reliability, strength, and durability of the building or other building structures.
A guarantee of appropriate quality is provided by the contractor:
- for flaws and defects of any kind that caused a violation of the technical specifications or other technology rules;
- when creating an incorrect design of individual units;
- in case of improper installation, or the use of low-quality building materials.
A quality guarantee is issued both for the entire structure and for its individual elements (for example, those that worsen the aesthetics of the building, leading to the rapid replacement of materials or parts of the facility). It can also be used when minor flaws are detected.
According to the Law, the contractor is obliged to eliminate all defects free of charge within a specified time frame. If minor defects or faulty elements are identified, they must be replaced.
Another option to solve the problem is to reduce the price that was previously agreed upon in the agreement. The reduction in cost must be proportionate to the identified defects. This procedure is possible if it was specified in the contract.
In what cases can the buyer take advantage of the current warranty on the phone?
The manufacturer provides a 1-year warranty on the phone. It can be used only in cases that arose due to the fault of the manufacturer. In this case, it is necessary to prove that the buyer did not violate operating rules, did not interfere with software, did not subject the product to shock.
For example, a guarantee will be valid if:
- The device is not charging. Its capacity is not filled, even if the product is connected to the network. The reasons are a violation of the automation of algorithms in operation, a malfunction of the charger. Most often this happens when a company supplies a product with a low-current charger. The customer should contact the service center. There they are required to give him a new device;
- do not function WiFi modes and Bluetooth. Very often this problem occurs during a failure during installation of elements printed circuit board. As a result, one or more modules are not connected to motherboard, and the system stops working. Thus, the service center must replace the board and give the buyer a working phone.
In most cases, there are no problems with repairs. However, there are many reasons for the manufacturer to refuse restoration work.
We are primarily talking about mechanical damage that occurred during operation - scratches, dents, traces of various substances or liquids (today many devices are equipped with special markers that react to water in red), flashing the system, chipped or damaged parts of the phone.
IN in this case It is better to immediately contact an independent examination center. Only after receiving the results of the inspection can you make your claims.
The buyer must demand that the money for the examination be returned to him and high-quality repairs goods. To prove that you are right, you need to make an effort. If we talk about the price of expert verification, it is not a cheap procedure - from 4 to 8 thousand.
As practice shows, achieving the truth in this way is very difficult. After all, the results for buyers are generally negative, since the center has no desire to sue well-known trademarks.
When can I return, exchange or repair shoes under warranty?
There are several guarantees for shoes - quality and return. The latter type represents the consumer's right to exchange only new shoes for two weeks. In this case, the product should not be worn, have a marketable appearance and other qualities.
Packaging, tags, labels also play an important role. Present a fiscal receipt, which will confirm the reality of the transaction. Reasons for appeal - the product did not suit the client in size, shape, color or other parameters.
If we are talking about quality assurance, then it is also possible to return worn shoes if a defect is detected. Expertise will be needed here. The independent center is obliged to establish the real reason occurrence of defects - due to the fault of the consumer or manufacturer.
According to the Law, shoes can be replaced if:
- the sole has deteriorated (came unstuck, burst, deformed);
- abrasion of the sole occurred within 3 months from the date of use;
- the paint has come off;
- The lines were broken and holes formed.
If the client has identified the above defects, he has the right to demand that the seller eliminate the defects free of charge or replace the defective product with another. However, the buyer must prove that the defect arose before the transaction. This is stated in Art. 19 of the Law on the Protection of Consumer Rights of the Russian Federation.
File a complaint with the retailer in the store where the purchase took place. If the seller does not want to comply with the client's requirements, he is obliged to send the product for inspection.
Based on the results of the expert commission, an appropriate conclusion is drawn - if the buyer is innocent of the defect, the money is returned to him, or another similar product is issued. Repairs are possible.
If the store refuses to fulfill its obligations, the consumer has the right to go to court.
It is impossible to carry out the exchange or return procedure if the shoes:
- was in operation, which led to a natural deterioration in consumer properties and appearance;
- has mechanical damage in the form of cuts, cracks, burns;
- deformed due to out-of-season use, careless wear, improper storage and other reasons depending on the buyer;
- was undergoing repairs before contacting the store with claims. Repair does not include changing the heel caps or gluing a preventive outsole, which does not lead to a deterioration in consumer qualities and new shortcomings.
What cases are considered under warranty when it comes to a car?
A warranty case is considered to have occurred if the item of sale or component, which has its own warranty period, is rejected during the warranty period declared by the manufacturer. In this case, the existence of a material defect or manufacturing defect itself is evident.
Warranty claims are considered unfounded if defects arise due to violation of operating and maintenance rules, requirements for the use of the vehicle, components and assemblies of the fuel system.
The latter includes substandard fuel with:
- low lubricity;
- presence of moisture;
- the presence of mechanical particles and contamination;
- inappropriate standard octane number and sulfur impurity content.
Unqualified maintenance of the diesel fuel system is also included in the list of violations if the following are found:
- untimely replacement of filters;
- use of filter units not intended for operation with this type of engine;
- untimely draining of liquid or condensate from filter element settling tanks;
- independent elimination of deficiencies;
- the presence of mechanical faults on the warranty parts of the unit.
In this case, the buyer will be refused warranty service.
Telephones are the most frequently purchased device from consumers. And now, in pursuit of fashionable models, some people purchase several gadgets per year. In such an environment, everyone asks the questions: “Can I get money for a low-quality product?”, “How to return a phone under warranty?”, and also “What rights does the buyer have?”
The most important thing that the buyer should know is that this product is on the list of those that cannot be returned if there are no complaints about the quality.
That is, color, equipment, functions - all this must be checked in the store, otherwise it will not be possible to return it later. The only chance for a return is to prove that you were not correctly informed about the functions and capabilities of the product. This will have to be proven in court.
The second point to consider is that after purchase, keep receipts, packaging and all components. This will be useful if the mobile needs to be returned, for example, if it breaks. Of course, if you do not keep the receipt, according to the law “On the Protection of Consumer Rights”, the store is still obliged to return your money or exchange the broken product, but it will be more difficult to prove your right. During warranty period all repair work must be carried out at the Service Center.
Phone warranty
Warranty period for such complex technical device is, on average, a year. Sometimes the warranty period reaches two years.
If during this time a significant defect is discovered in your cell phone or it breaks down, you can contact the store and have the right to choose several possible options:
- Return your purchase or exchange it.
- Receive repairs and troubleshooting for the purchased model. While the repair is taking place, you should be given a phone to use for a while.
- Refund your purchase.
- Receive a price reduction by the corresponding amount. This is also guaranteed.
Warranty repairs and maintenance, as well as replacement, occur only if the consumer is not to blame for the breakdown of the device. If, for example, you bought your phone or stepped on it, no one will exchange it for you.
What exactly to demand from the seller if the phone breaks under warranty is up to the buyer to decide. The protection of the law is guaranteed.
If the first identified defect is not considered significant, then if you return it within 15 days, you can only count on repairing the phone. No refund or replacement will apply in such cases.
The phone is broken under warranty
It is important to note that we return goods that are under warranty. At the same time, you are not to blame for its breakdown, and you have all the purchase documents in your hands. In this case, by law, the seller is obliged to return your money or make repairs. How to get money back for a phone needs to be figured out in detail.
What to do if your phone is broken? Be sure to contact the seller! Many people don’t want to waste energy and nerves, and therefore simply throw away their mobile phone without demanding an exchange or refund. The store owners will thank you. This is wrong.
First, try to simply solve the problem in the store where you bought it. The seller will likely inspect and repair it. At the same time, the law clearly states that during warranty repairs the consumer must be provided with another device. To do this, you just need to write a claim in two copies, one of which you will keep, and the second you will give to the seller along with the broken device.
If a breakdown is detected, carefully study your warranty card. Often the buyer is offered, in addition to the main one, an additional guarantee. An additional guarantee gives the same rights as the main one. Therefore, feel free to go to the seller with a broken product - they will provide you with repair services.
The repair period should last no more than 45 days, otherwise the buyer has the right to write a claim to the seller and complain to Rospotrebnadzor about the delay in the warranty repair period. The repair deadline must be respected no matter what.
When you return the device to have it repaired at a service center, the seller is obliged to give you a corresponding certificate that describes the problem and all the components that are provided with the product. Be careful not to be deceived by a substitute model. You need to return your phone for repair in its packaging, with all parts and charger.
Sometimes, to repair the phone, the seller offers to check the product later. In this case, you need to know that the check, one way or another, is carried out in the presence of the consumer.
If the seller independently conducts the examination, the buyer may not accept its results. This gives the right to another option for examination by an independent specialist.
Perhaps you will not contact a service workshop, but will repair it yourself. In this case, it will be difficult to get the money back from the seller for repairs, since you will have to prove the worth of your craftsmen.
Third party intervention may void the warranty. Therefore, with broken models, it is better to go to the address of the service center.
Battery Warranty
The battery warranty has its own characteristics. This is a component part of phones, and therefore the warranty on it may be less than on the product itself.
Batteries may not be accepted into the repair shop only if a shorter warranty period is specified in the contract, and the battery breaks down later. If the warranty card does not indicate the warranty period of the battery, it means that it is the same as that of the main product.
Repairs under warranty are carried out on both the phone and the battery.
During the repair, you are required to provide a replacement. The main thing is to carefully read how long the battery warranty is.
Exchange of goods or refund
To find out how to return faulty phone to the store under warranty, let's turn to the law.
There are three situations when you are entitled to a refund on your phone or exchange your phone:
- If a significant flaw is discovered, the repair of which is very expensive and exceeds the price of the device itself. This is usually discovered after several warranty repairs. How to return the phone for repair is written in the warranty card.
- If the phone is broken and the repair time is delayed. After 45 days of repair, you can safely demand money for the phone.
- If during the warranty period the product has been repaired several times, and the total number of days spent in the service center is more than a month, and after the repair there are unfinished defects or breakdowns.
If you want to return the money spent on your purchase, you will have to contact the store. You must have a claim for a refund for a defective product. The seller has 10 days to review the application and return the money.
A phone warranty does not mean that you have to repair the problem many times in a row. The buyer has the right to demand the exchange of a defective model for another.
How to exchange a phone under warranty? You also need to write a claim to the seller in two copies. The return period is 7 days; to check the malfunction, the seller has the right to demand an increase in the period to 20 days. If the new selected model is not in stock, the waiting time should not exceed a month. You can wait a month and a half for repairs under warranty.
Filing a claim and subsequent actions
It doesn’t matter whether you want to exchange an item or get your money back, you will have to file a claim. The correctness of its preparation is very important. You need to create the document in two copies, and one of them remains with you, but with the seller’s signature.
The paper should consist of the following items:
- At the beginning of the document it is indicated to whom the claim was sent and all the seller’s data. They are usually written on the receipt or in the consumer's corner in the store.
- Then you should set out in detail when and under what circumstances the device was purchased. You also need to indicate all attached documents that confirm the purchase.
- Describe in detail the breakdown and how it was discovered. The phone is under warranty - what happened to it and whether repairs were carried out at the service center. You can attach the examination data if the buyer performed it. Be sure to mention the articles of law on which you rely. These are consumer rights.
- Describe your requirements to the seller and your actions if they are not met. State exactly how much money you spent and what the amount of your monetary claim is.
- Signature with transcript and date when the document was drawn up.
Sometimes the seller will refuse to accept the claim, but you will need proof that you served it. To do this, you can send the document by mail with notification of acceptance. In this case, you will have a refusal paper in your hands, issued by mail.
If the seller refuses to return the money or return the phone under warranty, you should first contact Rospotrebnadzor and then file a claim in court.
You may need the help of qualified lawyers, but as a result you can get not only money for a low-quality product, but also material damage. Lawyers will help answer the question: how to exchange goods with minimal losses.
Conclusion
If your phone breaks under warranty, the 2018 rights allow you to get money from the seller or new phone. Everyone should know this and be able to exercise their rights wisely.
If the phone breaks under warranty through no fault of yours, the seller is responsible for the product sold. You shouldn’t be tormented by questions: “Can I or should I get it back, can I demand it?”
Remember: we must act!
Warranty phone repair is one of the requirements that the buyer has the right to present to the store that sold the device. It is produced at the expense of the seller or manufacturer. Since the organization suffers losses, its main task is to refuse warranty service.
In order not to be deceived, the buyer must know certain things:
- Warranty period is a period established by the seller or manufacturer, during which these organizations are ready to eliminate all defects that have arisen free of charge.
- The defect must be corrected if the buyer is not notified of it. For example, when purchasing a phone at a discount, the seller indicates that the flash on the camera does not work, the buyer agrees and purchases the device. In this situation, you cannot demand that the flash be repaired.
- Phone repair under warranty is one of the alternative requirements. In addition to it, the buyer can declare a replacement or price reduction. It is not always economically profitable to repair an item - sometimes it is easier to return it and get the amount paid back.
- The troubleshooting period depends on the warranty period. The device can be repaired:
- only during the warranty period;
- after the end of the warranty period, but within two years;
- after the expiration of two years, but within the service life;
- after the expiration of 2 years, but within ten years if the service life is not specified.
- The owner of the device has the right to file a claim with the store, manufacturer or importer.
- Certain cases are never considered under warranty:
- negligent use;
- violation of the rules of use (for example, using a kitchen mixer to obtain building mixtures);
- flooding;
- careless transportation or storage.
Often the problem lies not in the hardware of the phone, but in the components, in particular the batteries. They stop holding or accumulating charge, causing the phone to quickly discharge or not turn on at all.
The warranty on the phone, as stated in Art. 18 of the Labor Code, implies the possibility of establishing separate deadlines for components. The manufacturer has the right to determine a shorter warranty period for the battery or leave it equal to the general one. In case of failure of the telephone battery, it is recommended that you familiarize yourself with the warranty service rules.
The second stage is the transfer of the device. The smartphone or other device is transferred to the seller along with the application. The action is formalized by an act. The form is free, but it must indicate when and from whom the item was accepted and who received it. The act lists identification data (number), external defects, and identified defects. The seller must include in the document a phrase with which he recognizes the case as a warranty and undertakes to organize troubleshooting.
The third stage is checking the device. If a phone is broken under warranty, the store has the right to test the phone before sending it to the service center. The procedure is carried out immediately or after an agreed period. The buyer should be careful: the device must be packaged and sealed. The signatures of the parties are affixed to the seal. This option excludes the seller’s fraud (for example, imitation of a flood or fall, which excludes repairs).
Subsequent opening of the sealed package is possible only in the presence of the buyer. The fact is documented, and the store’s client puts his signature.
The fourth stage is the requirement for. It is submitted in writing and is granted or rejected within three days. You cannot ask for the replacement of goods intended for personal use (toothbrushes, hair dryers), cooking devices, cars, furniture and weapons.
Deadlines
The phone repair period under warranty cannot exceed 45 days. It begins to count from the day following the day of transfer of the device. This is the maximum period, it is not suspended, not stopped and can only be changed by agreement of the parties.
If the goods are not returned to the buyer on the 46th day, he has the right to:
- enter into an agreement to extend repairs;
- refuse troubleshooting and ask:
- replacement with an analogue;
- replacement with another item with recalculation;
- refund;
- discounts;
- payment of a penalty (1% of the price for each day of delay).
The claim must be made only in writing, both in order to return the phone under warranty and to receive a fine.
Receiving the device after repair
Return of the phone after warranty repair is carried out upon notification of the store. The owner is recommended to carefully inspect the device and test it in the presence of the seller’s employee.
Along with the phone, the client receives a repair certificate. It contains the date of receipt of the application and transfer of the device for repair, the actual period of work, information about identified defects and confirmation of their elimination, and the date of return of the item.
The store refuses to repair
If a warranty repair is refused, the buyer must:
- write a statement and hand it along with the goods to the store;
- get rejected. In it, the seller offers to conduct an examination or finally recognizes the case as non-warranty. If the buyer agrees, the device is packaged and sealed, and the parties put their signatures on the seal. Seals can only be broken by an expert in the personal presence of the buyer. The second option involves organizing and paying for the research by the buyer.
It is easier for the seller to repair the device than to conduct further disputes, wasting time and money. However, cases cannot be ruled out when the seller may be forced to carry out warranty repairs. cell phones or other devices only the court can.
The buyer is not obliged to require only the correction of defects. In some cases, he has no choice but to return the faulty phone to the store under warranty. Moreover, if the marriage is proven by an expert.
Breakdown after repair
If the device requires a secondary correction of a defect that should have been eliminated, the buyer has the right not to agree to repair. The list of possible requirements includes:
- replacement with new device or an analogue with recalculation;
- discount;
- free repair;
- compensation of expenses.
Secondary repair is precisely the circumstance that allows you to change your phone under warranty. For technically complex goods, other rules apply that expand the rights of the client.
Knowing how to return the money paid for a phone under warranty or how to exchange faulty device, the buyer will be able to save his budget and properly build relationships with the seller.
Buying a phone or household appliances Almost never without a persistent offer to buy an additional warranty or insurance. For some reason, it is rarely possible to refuse an extended warranty certificate or insurance policy. Sometimes the buyer only finds out about the presence of a paid warranty or insurance for the phone at home by looking at the receipt. Readers of the site often don’t even know what to do with all this happiness, and under what guarantee or insurance they can get repairs or a refund if something happens. Let's explain what's what.
Warranty period (basic warranty, statutory warranty)
The warranty period is the period during which, if defects arise in the purchased product, you can make a claim, including demanding a refund, exchange or free repair. Contrary to popular belief, it is not necessary to establish warranty periods for absolutely all products. The warranty period can be set at the request of the manufacturer or at the initiative of the store. The duration of the warranty period is also not regulated by law, that is, the manufacturer and the store can determine the duration of the warranty at their own discretion. However, in practice, new phones, household appliances and electronics are almost always given a guarantee. The presence of a warranty period and its duration can be confirmed by a warranty card, a receipt, a warranty book and other accompanying documents.
Features of the basic guarantee
- Service under the basic guarantee is regulated by consumer protection law.
- The basic warranty covers almost all product defects, except those caused by violation of operating rules (defects caused by the buyer, spills, mechanical damage, viruses, etc.), actions of third parties (children, thieves, Godzilla) and force majeure (hurricane, flood and etc.).
- Under the basic warranty, you can request a refund, exchange, free warranty repairs, a proportionate reduction in the price of the product, or reimbursement of the costs of eliminating product defects - at the buyer’s choice. However, there are technical nuances complex goods, incl. smartphones and tablets. More details in the article:
- You can apply for the basic warranty to the store, authorized service centers, manufacturer or importer - at the buyer’s choice.
- During the warranty period, the store may refuse a claim if it proves that the defect arose as a result of your violation of operating rules, the actions of third parties or force majeure (Part 6, Article 18 of the Labor Code).
The basic warranty has another unobvious advantage: you can make claims for defects in goods not only during the warranty period, but also within 2 years from the date of purchase. True, to do this you will have to independently prove that the defect in the goods arose before the moment when the goods were handed over to you. Roughly speaking, the product has a manufacturing defect. Most likely, you will have to do an independent examination, but if the outcome is positive, you will not only be able to get a refund or exchange, but will also receive compensation for your examination costs.
But that's not all! In addition to the warranty period, there is also service life. If it is not directly stated anywhere in the documents for the product, it is considered that the service life is 10 years from the date of purchase. During the service life of 10 years, you can make claims to the manufacturer of the product due to significant defects in the product. First, a claim for free repairs is written. The manufacturer has 20 days to satisfy the claim. If this does not happen, you can demand up to a refund for the purchase.
Additional guarantee (certificate)
The Consumer Protection Law gives trading organizations and manufacturers the right to assume a so-called “additional obligation” in relation to product defects that appear after the end of the main warranty period. The terms of this additional obligation are determined by the store/manufacturer itself and stipulate them in a certificate or agreement for the purchase of an additional guarantee, which is concluded with the buyer. There is no detailed legislative regulation of such paid additional guarantees.
Features of additional warranty
- The additional warranty begins to apply after the end of the regular one.
- Service under the additional warranty is provided by the store itself or a specific service center authorized by the manufacturer.
- Most often, an additional warranty does not provide the right to a refund or exchange of goods; it only implies free repairs. Although it’s free – you paid for the guarantee certificate, right?
- All service conditions under an additional warranty are determined by the store or service center that sold it.
- If, according to the additional guarantee certificate, the product cannot be repaired or the repair periods specified in it are violated, then you can ask for a refund for this guarantee.
A typical example of an additional warranty certificate for a phone, photo: forum.ozpp.ru
Does it make sense to buy an additional warranty for a product?
When purchasing an additional warranty, carefully read its terms and conditions. Pay attention to the period and specific guarantees the store gives you, where the equipment can be repaired, and whether you can get money or exchange. The validity period of the additional warranty must be calculated from the expiration date of the main warranty period, otherwise it turns out that the store will charge you money for what it is already obliged to do for free under the law on consumer protection.
Insurance (insurance policy)
Voluntary insurance of telephones and household appliances is additional service, which is offered in addition to the main purchase. The insurance operates in parallel with the regular warranty and is usually intended for those cases that are not covered by the statutory warranty. This could be mechanical damage, theft, floods, etc. You can receive insurance compensation from the insurance company; the store has nothing to do with it.
Features of equipment insurance
- Service rules for equipment insurance are determined insurance policy and insurance rules(each insurance company has its own), as well as insurance laws (for example, the Civil Code).
- The insurance is valid for the period specified in the policy. Most often this is 1 year.
- Insurance compensation can be in the form of cash payment, exchange, organization of repairs at a service center, compensation for repair costs, etc. - as specifically provided for in your contract.
- You can receive compensation under an insurance policy only in those cases that are covered by this insurance (see the section on insurance risks and insured events).
- If an insured event occurs, you must contact insurance company, and in the absence of a positive decision, write a claim and file a lawsuit.
I have an additional warranty, insurance and a regular warranty. How to understand why you can repair your phone?
- During the warranty period- if you haven’t dropped, broken, or flooded your phone, followed all operating rules, the defect is presumably a manufacturing defect, you should use the regular warranty. Go to a store or authorized service center. For ordinary goods, you can not carry out repairs, but immediately request a refund or exchange. For technically complex goods, a return or exchange can most often be obtained based on the results of at least one warranty repair.
- During the insurance period— if the case is clearly not covered by warranty or you are denied warranty service, check your policy and insurance rules. You may be able to get something from the insurance company.
- After the end of the warranty period— repairs are possible under an additional warranty (certificate).
They sold me an additional warranty on the phone. Is it possible to get a refund for it?
Yes, it's possible. There are 3 cases when you can demand a refund.
- An additional guarantee is simply not needed.
If you do not need an additional guarantee, you can refuse it and receive up to 100% of the cost (if you refuse before the start of the additional guarantee). To do this, write a claim to the store under Article 32 of the Law “On Protection of Consumer Rights”. Under this article, you can cancel the contract for the provision of services at any time, subject to reimbursement to the contractor for the actual expenses incurred.
Details: Example of a claim:
- The additional warranty has not expired- You can count on a refund of up to 100% of the cost.
- Additional warranty is already in effect— in the absence of requests for repairs, you can most often receive money in proportion to the unused warranty period.
- The additional warranty period has expired— a refund is not possible, even if you have never exercised your right to repair under the additional warranty.
- An additional guarantee was imposed.
When purchasing, you were forced to pay for an additional warranty, because buying a phone without it is supposedly impossible. Article 16 of the Law “On Protection of Consumer Rights” directly provides that the purchase of one product (telephone) cannot be made conditional on the mandatory purchase of another product (certificate for additional service). Unfortunately, it is more difficult to prove the fact of imposition. It is better to use this base as a last resort and if not much time has passed since the date of purchase. - Refusal of service under additional warranty.
A refund for an additional warranty certificate is also possible if you were unreasonably denied service or the stated repair deadlines were violated. In this case, you can file a claim for a refund for the additional guarantee under Articles 28 or 29 of the Law “On the Protection of Consumer Rights”.
Can I get my phone insurance money back?
You can get your money back for unnecessary insurance during the cooling period. Now by law it is minimum 14 calendar days from the date of conclusion of the contract (may be longer if so written in the policy and rules). Before 2018, the cooling period was 5 working days. Of course, a refund is possible if you have not yet had an insurance claim. During the cooling-off period, you can return part of the insurance price in proportion to the unused time. If the cooling-off period has already ended, and the policy with the insurance rules no longer contains any other grounds for the return of the paid insurance premium, then it will not be possible to return the money.